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(영문) 창원지방법원 2018.02.20 2017고단4136
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 29, 2017, at around 22:40, the defendant was called up on the road in front of Kimhae-si, and the defendant was called up after receiving 112 a report on his disturbance, and the defendant was waiting to move to the female living together from the background C belonging to the subsidiary police station, and slope D, and the defendant was called up "I am knife in the body of the defendant, knife in the knife, knife in the knife, knife, knife in the knife," and the defendant was serving several times in drinking as CD.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C, D, and E;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Based on the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below), the sentencing conditions set forth in the instant case, such as the age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as set forth in the following circumstances, and the scope of the recommended sentencing guidelines set forth by the Supreme Court sentencing guidelines (the basic area of the sentencing guidelines set forth in Article 62(1) of the Act on the Suspension of Execution of Duties ( June - June 1): the scope of the recommended sentence set forth in the sentencing guidelines for the commission of sentencing of the Supreme Court.)

The favorable circumstances: The defendant has been led to his confession, and the defendant is deemed to have committed the crime of this case in a sudden and contingent manner, and the degree of damage is not severe: The defendant has a criminal record of the same kind, the defendant needs to be punished for the crime of interference with the execution of official duties in order to establish the state's legal order and eradicate the light of public authority.

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